Recording of Property Deeds

Arkansas Real Estate: My grandmother made four property deeds in order to distribute her acreage to her four children. Each deed was properly made, signed, and notarized --- BUT never recorded at the applicable county courthouse.

My question: It is my understanding that recording of a deed is not a legal requirement to complete the transfer (although it is always strongly recommended to do so). Therefore, I assume that my Grandmother legally divested herself of these properties when she signed the deeds - even though they were never recorded. Is this true? Or are the deeds worthless since they were not recorded?

[HomeGuru]

Originally posted by tres_angles
Arkansas Real Estate: My grandmother made four property deeds in order to distribute her acreage to her four children. Each deed was properly made, signed, and notarized --- BUT never recorded at the applicable county courthouse.

My question: It is my understanding that recording of a deed is not a legal requirement to complete the transfer (although it is always strongly recommended to do so). Therefore, I assume that my Grandmother legally divested herself of these properties when she signed the deeds - even though they were never recorded. Is this true? Or are the deeds worthless since they were not recorded?

**A: you are correct that title was transfered. Where are the deeds now?

A cousin (in Arkansas) is in possession of all 4 deeds. My grandmother died 18 months ago. It is past-time to get this settled. So, I feel like I can make a trip to Arkansas and retrieve the deed that was left to my father. For some reason, the cousin had not felt obligated to distribute these deeds. Who knows what goes thru some people's mind. But, I will make it clear that I'm on my way - and that my father's deed needs to be in hands before I leave. Thanks for all the help. It's amazing the "mess" families can get themselves into when things like this are not kept on the "up and up".

[HomeGuru]

Originally posted by tres_angles
A cousin (in Arkansas) is in possession of all 4 deeds. My grandmother died 18 months ago. It is past-time to get this settled. So, I feel like I can make a trip to Arkansas and retrieve the deed that was left to my father. For some reason, the cousin had not felt obligated to distribute these deeds. Who knows what goes thru some people's mind. But, I will make it clear that I'm on my way - and that my father's deed needs to be in hands before I leave. Thanks for all the help. It's amazing the "mess" families can get themselves into when things like this are not kept on the "up and up".

**A: in my opinion, since Grandma died prior to recordation, the deeds may not be recordable and the title to the properties covering the 4 deeds is a probate matter. Consult with a estate attorney.